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     **7. INSURANCE AND INDEMNIFICATION.**     **(a) **During the Term, BearingPoint will provide indemnification and advancement of expenses toContractor to the fullest extent of the provisions of Article 9 of the Amended and RestatedCertificate of Incorporation and to the fullest extent permitted by law.     **(b) **During the Term, Contractor shall remain a named insured under BearingPoint’s ExecutiveProtection Policy (“D&O Liability Insurance”) and BearingPoint’s Corporate Counsel Premier –Professional Liability Insurance for Corporate Counsel Policy (“Employed Lawyers Insurance”).     **8. INDEPENDENT CONTRACTOR.**It is expressly understood that Contractor is an independentcontractor of BearingPoint and that Contractor shall use his professional discretion in determiningthe best means by which to perform the Services. Contractor agrees that nothing in this Agreementshall be construed as creating a partnership, joint venture or employer-employee relationship.Contractor shall not be entitled to any of the benefits which BearingPoint may make available toits employees, such as group insurance, profit-sharing, vacation pay, sick leave, workers’compensation, disability, unemployment insurance benefits, retirement benefits or any otheremployee benefits. Contractor shall be solely responsible for complying with all applicable local,state and federal laws governing self-employed individuals, including but not limited toobligations such as payment of federal, state and local taxes, social security, disability andother contributions attributable to the rendition of Services hereunder to BearingPoint.     **9. NON-ASSIGNABILITY.**Contractor shall not assign, transfer, or subcontract this Agreement orany of its obligations hereunder without BearingPoint’s express, prior written permission.     **10. ARBITRATION.**Any Claim arising out of or relating to this Agreement, or the breachthereof, shall be settled by binding arbitration administered in Virginia. Arbitrations shall takeplace before a panel of three arbitrators which shall consist of one person selected by each of thetwo sides to the dispute and the third person jointly selected by the other two arbitrators. Thearbitration panel shall have no authority to modify this Agreement (except pursuant to Section 12)or to award punitive or exemplary damages. BearingPoint may, without waiving its right to compelarbitration, and without securing or posting any bond, seek injunctive or other provisional relieffrom a court of competent jurisdiction in aid of arbitration, to prevent any arbitration award frombeing rendered ineffectual, to protect BearingPoint’s confidential information or intellectualproperty or for any other purpose in the interests of BearingPoint. The courts of Virginia or anycourt of competent jurisdiction in any other state will have jurisdiction over any proceedingrelating to arbitrations, and may enter judgment on any arbitration award rendered or grantjudicial recognition of the award or an order of enforcement. You agree to reimburse BearingPointupon demand for any and all costs (including, without limitation, attorneys’ fees and court costs)incurred by BearingPoint in enforcing any of its rights under this Agreement.     **11. NOTICES.**All notices (aside from invoice and except invoice) permitted or required underthis Agreement shall be in writing and shall be made by personal delivery, a nationally recognizedovernight courier service, facsimile transmission or certified or registered mail, return receiptrequested. Notices shall be deemed given upon the earlier of actual receipt or one (1) day afterdeposit with the courier service, receipt by sender of confirmation of electronic transmission orfive (5) days after deposit
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with the U.S. Postal Service. Notices shall be sent to the addresses listed below, or to such otheraddress as either party may specify in writing.       If to BearingPoint: If to Contractor:            **BearingPoint, Inc.**      **Laurent C. Lutz**       1676 International Drive      2724 W. Sunnyside Avenue       McLean, VA 22102      Chicago, IL 60625       Attention: Blake M. Guy      (Contractor’s “Home City”)     **12. NON-EXCLUSIVITY.**During the Term of this Agreement, BearingPoint may engage the servicesof any individual or entity that competes with Contractor or offers services similar to thoseoffered by Contractor, and any such engagement shall not be considered a breach of this Agreement.     **13. SEVERABILITY.**In the event that any term or provision of this Agreement shall be held tobe invalid, void or unenforceable, then the remainder of this Agreement shall not be affected,impaired or invalidated, and each such term and provision of this Agreement shall be valid andenforceable to the fullest extent permitted by law.     **14. GOVERNING LAW.**This Agreement shall be governed by and construed in accordance with thelaws of the United States and the laws of the Commonwealth of Virginia. The parties hereby submitto the exclusive personal and subject matter jurisdiction of the state and federal courts locatedin Commonwealth of Virginia.     **15. INTEGRATION.**This Agreement constitutes the entire agreement of the parties hereto andsupersedes all prior and contemporaneous representations, proposals, discussions, andcommunications, whether oral or in writing. This Agreement may be modified only in writing andshall be enforceable in accordance with its terms when signed by each of the parties hereto. As toBearingPoint, only its Chief Executive Officer or Chief Financial Officer shall have authority tomodify this Agreement.     **16. SURVIVAL.**Paragraphs 6, 7, 9, 10, 11, 13, 14, 15 and 16 shall survive the expiration ortermination of this Agreement by either party for any reason.     **IN WITNESS WHEREOF**, the parties hereto have or caused this Agreement to be executed by theirduly authorized representatives, effective as of January 1, 2009.           **LAURENT C. LUTZ**   **BEARINGPOINT, INC.**             /s/Laurent C. Lutz   By: